Requirements for products and services
Although the UN Convention on the Rights of Persons with Disabilities clearly prohibits discrimination, people with disabilities still encounter numerous barriers in everyday life. With the German Accessibility Act (Barrierefreiheitsstärkungsgesetz – “BFSG”), Germany will implement the European Accessibility Act (Directive (EU) 2019/882) from 28 June 2025 and oblige companies to ensure accessibility. Products and services must be designed in such a way that they can be used by people with disabilities in the best possible way (accessibility by design).
Who is addressed?
The BFSG aims to improve access to digital communication and information. In the products area, the scope of application therefore includes, for example, hardware systems for universal computers, tablets and smartphones, as well as ATMs and ticket machines. Services include telecommunication services such as messenger services. In addition, all e‑commerce services – i. e. the entire online commerce – are covered.
What needs to be implemented?
The German Federal Accessibility Centre (Bundesfachstelle Barrierefreiheit) will not be staffed to provide advice on the BFSG until 2025. However, the Federal Ministry of Labour and Social Affairs is already providing guidelines on the BFSG to assist companies in the implementation. The Ordinance on Accessibility Requirements for Products and Services under the Accessibility Act (Verordnung über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen nach dem Barrierefreiheitsstärkungsgesetz – “BFSGV”) contains specific technical specifications for products. The aim of the implementation is accessibility by design, i. e. choosing a design that takes all people equally into account from the outset.
What to fear in the case of breaches?
If the requirements of the BFSG are not met by 28 June 2025, fines and market measures may be imposed. Consumers can apply for measures to remedy non-compliance themselves. In addition, short-term adjustments to products and services can involve considerable additional organisational and financial costs. Exemptions will only be granted if companies can prove that the accessibility requirements are associated with disproportionate burdens or fundamental changes to the product.
Which benefits are related to accessibility by design?
The social importance of participation and inclusion is undisputed. In addition to fulfilling legal obligations, accessible product design offers companies the opportunity to reach more people with their products and services. At the same time, trust in the corporate brand is strengthened through greater user-friendliness and reliability. A holistic approach therefore pays off in many respects.
What to observe in legal respect?
Companies should carefully check whether they fall within the scope of the BFSG. Even if products and services fall under the exemptions of this Act, the company must assess whether an exemption actually exists, provide appropriate documentation and inform the supervisory authority. In addition to the accessibility requirements, also formal obligations must be fulfilled such as conformity labelling. In order to minimise economic risks from civil law claims, attention should be paid to precise agreements as early as the contract initiation phase and contracts with suppliers and service providers should be adapted accordingly.
Further useful information on the implementation can be found in our onepagers.
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